Court Filings

The Eighth District Court of Appeals affirmed the trial court’s confirmation of an arbitration award and the entry of a final decree of divorce. The parties had agreed in a signed Cooperative Participation Agreement to mediate and, if necessary, proceed to binding arbitration. After arbitration produced an award dividing assets and awarding fees, appellee Shechter filed an application to confirm the award under R.C. 2711.09. The court held that the domestic relations court had jurisdiction to confirm the award and enter judgment under R.C. 2711.12 because the statutory procedures for confirmation, vacatur, or modification under Chapter 2711 control, and Dubick failed to timely move to vacate or modify the award.

The Eighth District Court of Appeals affirmed the Lyndhurst Municipal Court’s dismissal with prejudice of Stedson McIntyre’s small-claims suit against Landscape Management & Design, Inc. McIntyre claimed the company’s snowplow damaged five driveway lights and introduced a video. The magistrate found the video showed the plow stayed on the driveway and that the missing lights were obscured by displaced snow, not destroyed by the driver. The appellate court held there was competent, credible evidence to support the trial court’s finding of no breach of duty and affirmed under the manifest-weight standard.

The Court of Appeals affirmed the trial court’s grant of summary judgment for Schuler Painting, Inc. and the Ohio Bureau of Workers’ Compensation, concluding that plaintiff Robert Leghart was an independent contractor, not an employee, when he was injured. Leghart sought workers’ compensation after a June 29, 2022 scaffolding fall; the Bureau denied benefits and the trial court granted summary judgment to defendants. The appellate court found the undisputed facts — lack of payroll or onboarding paperwork, payment by invoice and Form 1099, short-term work arrangement, and medical records describing him as self-employed — supported the independent-contractor finding and no genuine factual dispute existed.

The Court of Appeals affirmed the trial court's denial of Alexandria Kung’s Civ.R. 60(B) motion and upheld the entry of final judgment for State Farm. Kung had sued State Farm over the appraisal-based valuation of two stolen personal articles. After State Farm obtained an appraisal and issued payment, the trial court entered summary judgment. Kung sought relief from judgment claiming lack of notice, attorney withdrawal, and alleged improper influence of the appraisal umpire. The appellate court concluded Kung failed to timely appeal the summary-judgment order, could not use Civ.R. 60(B) as a substitute for a direct appeal, and did not demonstrate entitlement to relief on the record.

The Eighth District Court of Appeals affirmed the trial court’s dismissal of Matthew Joy’s two-count complaint against The MetroHealth System. Joy alleged breach of contract and wrongful termination for reporting patient-safety concerns, relying on a March 2022 reappointment letter and MetroHealth’s employee handbook and a reporting policy. The court held that the documents did not create an employment contract or modify at-will status, and Joy failed to plead a specific source of law showing a clear public policy prohibiting his termination. Because the pleadings and attached writings could not support relief as a matter of law, judgment on the pleadings was proper.

The Eighth District Court of Appeals affirmed the juvenile court’s grant of legal custody and designation of the father as the residential parent of A.C.-L., following a custody application by the father under R.C. 2151.23(A)(2). The mother appealed pro se arguing lack of notice, failure to consider custodial history and documentary evidence, absence of an active guardian ad litem, erroneous factual findings, an unfavorable exchange time, and improper child-support handling. The appellate court reviewed for plain error because the mother did not file transcripts below, found no prejudice from the GAL’s nonparticipation, and concluded the juvenile court acted within its discretion and applied the statutory best-interest standard, so it affirmed.

The court affirmed the trial court's judgment finding Marysville Animal Care Center, LLC breached an employment agreement with Dr. Cassie Wooden by failing to timely offer her either a partnership interest or a $45,000 bonus after three years of employment. The magistrate and trial court found the parties had orally modified Dr. Wooden’s work schedule to three clinic days per week by course of conduct, so the December 7, 2021 partnership offer conditioned on returning to four clinic days did not cure the earlier breach. The court rejected appellant’s challenges to factual findings, parol-evidence rulings, credibility determinations, and alleged bias.

The Ohio Tenth District Court of Appeals affirmed the Franklin County Common Pleas Court's grant of summary judgment to The Huntington National Bank in a breach-of-loan case. The bank sued Xiaowei He for unpaid balances under a June 15, 2021 loan; the trial court found He defaulted and owed $19,187.69. The appeals court rejected He’s arguments that the case should have been dismissed for lack of prosecution, that the bank lacked standing because it sold the loan, and that fraud by a third party relieved her of liability. The court held the loan was charged-off (not sold) and remained enforceable, and no genuine factual dispute precluded judgment.

The Ohio Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas’ grant of summary judgment to the Director of the Ohio Division of Cannabis Control. Bear River Dispensaries (appellant) sold its medical marijuana certificate before applying for an adult-use dispensary license under former R.C. 3780.10(B). The court held the statute unambiguously requires applicants to possess a medical certificate at the time of application, not merely have possessed one earlier, so the Division correctly denied appellant’s adult-use application and the trial court properly entered judgment for the Division.

The Ohio Court of Appeals affirmed the Franklin County trial court’s grant of summary judgment to BMI Federal Credit Union and its award of attorney fees after Carl Medley sued over the repossession and sale of his Audi. The trial court found Medley’s claims—fraud, waiver based on prior acceptance of late payments, emotional distress, and punitive damages—unsupported by admissible evidence, and granted BMI its deficiency, fees, and costs. The appellate court agreed that the loan’s anti-waiver language allowed BMI to accept late payments without forfeiting its rights, that BMI validly repossessed and sold the vehicle, and that Medley failed to rebut BMI’s evidence.

The Seventh District Court of Appeals affirmed a municipal-court judgment awarding William R. Meek $4,160 against Gino Collins for an incomplete fence installation and return of materials. Collins appealed pro se arguing the damages award lacked competent proof and was against the weight of the evidence. The appeals court held Collins failed to provide a transcript or an approved substitute of the bench hearing, so the court could not review the factual record and must presume the trial court acted properly. For that reason the appellate court affirmed the judgment.

The Seventh District Court of Appeals affirmed the municipal court’s rulings that tenants Nedra Bloor and Wayne Reed could deposit rent with the clerk and that the escrowed rent should not be released to landlord Alan Barnes. The tenants had notified Barnes of multiple repair issues (roof leaks, mold, loose fixtures, exposed wiring, floor problems) and deposited rent after giving notice. The trial court found the tenants were current on rent when they initiated escrow and that Barnes failed to remedy the conditions. The appeals court upheld the credibility findings and applied Ohio landlord-tenant statutes to affirm the return of the escrowed funds to the tenants.

The Court of Appeals affirmed the Mason Municipal Court's dismissal of Mirkomil Noziljon's small-claims suit against dentist Doktor Hasan seeking a $5,000 refund. After a bench trial before a magistrate, the court found credible testimony and a billing/credit receipt showing a $5,000 refund had been processed to a credit card provided at the office. The magistrate acknowledged a name discrepancy on the receipt but concluded Noziljon failed to meet his burden. The appellate court held the trial court did not abuse its discretion in refusing post-trial evidence and that the judgment was not against the weight of the evidence.

The Twelfth District Court of Appeals affirmed the trial court's decision denying Gregory Myers a court-ordered certificate of title for a 1970 Chevrolet Nova. Myers had sought title after buying property at a sheriff's sale where the car had been stored, but the trial court found he did not acquire the vehicle by operation of law under R.C. 4505.10. The court concluded title remained with the decedent, Elvin Potter, and that disputes over ownership of the decedent's personal property are for the probate court. The appellate court affirmed dismissal of Myers' petition with prejudice.

The Ohio Court of Appeals affirmed the trial court's grant of summary judgment for the defendants in a premises-liability suit. Appellant Irene Wunderle sued after falling stepping into a boutique and suffering serious eye injuries, claiming the threshold had an indistinct step down that was not open and obvious. The court found no genuine dispute of material fact: the step was small but visible, the store was well-lit, nothing obstructed her view, and no unusual attendant circumstances existed to distract her. Because the condition was open and obvious, the owners owed no duty to warn.

The Court of Appeals affirmed the trial court's dismissal of Dennis Tilton's filing titled a "Complaint and Intent to File Petition for Post-Conviction Relief". Tilton had been convicted in Willoughby Municipal Court and later filed his postconviction claim in the Lake County Court of Common Pleas. The appeals court held the common pleas court lacked jurisdiction because Ohio law requires R.C. 2953.21 petitions be filed in the sentencing court (the municipal court). Citing Ohio precedent, the court concluded municipal-court misdemeanants must seek relief through other procedures in the sentencing court, so dismissal was proper.

The Court of Appeals affirmed the Trumbull County Common Pleas judgment ordering the condominium association and unit-owner defendants to specifically perform a 2014 settlement agreement requiring stabilization and restorative work on a shared wall. The trial court had granted plaintiff Owen summary judgment on enforceability after finding no competent evidence that the agreement was mutually rescinded or impossible to perform. The court limited Owen’s liability to her original pro rata share of estimated 2014 costs and denied attorney fees. The appeals court found no error in granting specific performance.

The court affirmed the municipal small-claims judgment for defendant Jenna Nelson after a bench trial. Plaintiff Stephanie Milton sued Nelson for breach of contract and civil damages under Ohio cruelty statutes, alleging her adopted mustang lost significant weight and training while boarded with Nelson. The trial court found insufficient evidence that Nelson failed to provide proper nourishment or training, and the appellate court held that the trial court did not lose its way in weighing testimony and evidence. The court also rejected Milton’s claim that the case should have been moved off the small-claims docket, noting Milton chose that forum and sought only $6,000.

The First District Court of Appeals affirmed the trial court’s grant of summary judgment for UC Health, LLC in Danielle Drake’s wrongful-termination suit. Drake, an at-will social worker, was fired after she accessed a patient’s protected health information (PHI) without a legitimate business reason while attempting to report a coworker’s suspected HIPAA violation. The court held that UC had an overriding legitimate business justification—enforcement of its strict policy forbidding unauthorized PHI access—and Drake failed to show that termination was pretextual.

The Ohio Court of Appeals affirmed a trial court default judgment in favor of Pheasant Ridge Association, Inc. in its foreclosure action against property owner Jeremy Harper for unpaid association assessments. Harper, who was served with the complaint, failed to file an answer or otherwise respond; the Association moved for default judgment and submitted an affidavit of account, its declaration, and its certificate of lien. The appellate court held the trial court did not abuse its discretion in granting default judgment because Harper forfeited defenses by failing to respond and provided no evidence to dispute the Association’s proofs.

The Eighth District Court of Appeals, on remand from the Ohio Supreme Court, affirmed the trial court’s ruling that relators’ writ of mandamus alleging inverse condemnation against the City of Cleveland was not barred by the four-year statute of limitations. The court concluded the cause of action did not accrue until the airport runway expansion at issue was completed in August 2004, because that completion was when all events fixing Cleveland’s alleged liability occurred. Because the relators filed their mandamus petition on August 1, 2008, the court held the action was timely and remanded the case for further proceedings on the merits of the taking claim.

The Eighth District Court of Appeals affirmed the Euclid Municipal Court’s denial of Malik Dahdouh’s last-minute motion to continue a small-claims trial. The case arose after the plaintiff sued for vehicle damage; the trial was scheduled within the 40-day small-claims deadline. Dahdouh filed a pro se continuance request the day before trial, citing overseas travel, which the magistrate denied. The appellate court held the trial court properly applied the factors governing continuances (including statutory timing, delay length, prejudice to the plaintiff, and the defendant’s contribution to the delay) and did not abuse its discretion in refusing the continuance.

The Court of Appeals affirmed the trial court’s grant of summary judgment for Dr. Anthony Gingo in his defamation suit against Jane Hanak based on a Yelp review. The appellate court held the challenged statements were false, defamatory per se, and not protected by any qualified privilege; damages (total $245,000, including $145,000 compensatory and $100,000 punitive) and attorney fees were upheld after a hearing. The court also affirmed the trial court’s prior designation of Hanak as a vexatious litigator. The ruling rests on undisputed admissions, admissible record evidence, and the conclusion that the statements alleged criminal conduct and attacks on professional reputation.

The Fifth District Court of Appeals affirmed the trial court's dismissal of Shawn Hamilton's negligence and intentional-tort claims against Ameristone, American Countertops, and employee Noah Troyer. Hamilton was injured at work and sued for negligence, negligence per se, and under Ohio's intentional-tort statute. The trial court granted judgment on the pleadings and denied leave to amend because the complaint did not allege deliberate intent to injure, and the employers were covered by the Ohio Bureau of Workers' Compensation. The appellate court agreed that the pleadings failed to state an actionable intentional-tort claim and affirmed.

The Seventh District Court of Appeals affirmed the trial court’s dismissal of the Cicorettis’ complaint against A&M Total Restoration. The Cicorettis repeatedly filed complaints captioned as breach of contract but pleaded only negligent, defective, and unworkmanlike performance and failed to attach a written contract or adequately plead contract terms as required by Civ.R. 10(D). The appellate court agreed the complaint failed to state a cognizable breach claim and that negligence/oral-contract claims were time-barred, so dismissal under Civ.R. 12(B)(6) was proper.

The Ohio Fifth District Court of Appeals affirmed the trial court's dismissal of Ryan Karr's pro se complaint against the Estate of Dianna Sayre and Joseph Aaron Sayre. Karr had alleged perjury, abuse of a disabled person, intentional infliction of emotional distress, and other misconduct tied to a prior CPO proceeding, but his nine-page complaint failed to plead distinct causes of action, facts, dates, or the elements required to give defendants adequate notice. The appellate court held the complaint did not satisfy Civ.R. 8(A) and affirmed dismissal under Civ.R. 12(B)(6), noting Karr also failed to meaningfully brief his assignments of error on appeal.

The court affirmed the Sandusky Municipal Court’s August 20, 2025 judgment denying Shardaye Smith’s motion for relief from judgment under Ohio Civil Rule 60(B). LVNV Funding obtained summary judgment in a small-claims-style collection action after serving process by certified mail to the address on Smith’s account. Smith later sought relief, claiming defective service, lack of jurisdiction, and invalid evidentiary foundation; the magistrate and trial court found she was properly served, had notice (as shown by an earlier filing contesting jurisdiction), failed to show a meritorious defense, and filed her motion untimely. The appellate court held the trial court did not abuse its discretion in denying relief and affirmed.

The Eighth District Court of Appeals affirmed the trial court’s denial of Tajul Islam’s motion to continue a domestic-relations hearing and related rulings. Islam’s counsel was unavailable due to a criminal trial and Islam argued this denied him counsel and due process when the hearing proceeded in his absence. The appellate court found the trial court did not abuse its discretion in denying the late continuance request, that no constitutional right to counsel existed in this civil contempt/post-decree proceeding, and that Islam failed to show cumulative error or timely objections. The judgment of the trial court was affirmed.

The Ohio Court of Appeals affirmed the juvenile court’s judgment terminating Mother’s parental rights and awarding permanent custody of twin infants A.N. and L.N. to Cuyahoga County Division of Children and Family Services (CCDCFS). The agency had sought permanent custody in its original complaint after the children were removed at birth because of Mother’s unresolved mental-health problems, inconsistent engagement with services, and prior involuntary termination of parental rights to older siblings. The appellate court found the juvenile court’s findings supported by clear and convincing evidence and not against the manifest weight of the evidence.

The Ohio Court of Appeals affirmed the trial court’s award of attorney fees to Citywide RX after Citywide prevailed on contract claims against multiple nursing-home defendants, including Selfridge Leasing. Citywide sought $434,252.95 in fees (primarily for a New York law firm plus local counsel); the trial court found Citywide the prevailing party under the contract’s fee provision, reviewed affidavits and itemized bills, and held the rates and hours reasonable. On appeal Selfridge argued the fees were excessive and duplicative, but the court rejected new arguments raised for the first time on appeal and found no genuine issue of material fact.